Appeals

The Opening Brief is a paper filed by the person pursuing the appeal (the Appellant). The Opening Brief should contain a procedural history of the case (Statement of the Case), a Statement of Material Facts, Issues Presented for Review, Arguments supporting reversal of the judgment of the Superior Court, a Conclusion, and proof that the Opening Brief was timely filed in the Court of Appeals and copies were hand-delivered or mailed to the person opposing the appeal (Certificate of Compliance).

Oral argument is an opportunity for the Appellee and Appellant to appear in person at a time set by the Court of Appeals to discuss the issues and arguments presented in the briefs with the judges of the Court of Appeals. These judges will decide whether to affirm or reverse the judgment of the Superior Court.

An order is a written direction or command given by a court or judge. An order from a Superior Court that decides the case, is signed by the judge, and entered by the clerk is called a final judgment.

A party is a person or entity that either brings or defends a lawsuit. Some cases may involve more than one Plaintiff or Defendant. When a Rule of Civil Appellate Procedure refers to “all parties” or “any party” it means either (1) every party whose claims or defenses have been resolved by the judgment on appeal, or (2) after the Court of Appeals has assigned a case number and designated the parties on appeal, those parties identified in the appellate court caption. Special rules apply if more than one party files an appeal from the same judgment. See, for example, ARCAP Rules 11(h) and 13(h).

The time between the filing of the Notice of Appeal and the day the Superior Court issues its final ruling on the appeal.

To “perfect the appeal” is to fully comply with the rules, procedures, and time lines of the court. When an appeal has been “perfected,” it is sent to the Superior Court so the judge can review the decision of the lower court and decide whether or not it should be enforced.

A Petition for Review is a paper that a person files with the Clerk of the Arizona Supreme Court if that person wants the Arizona Supreme Court to review a decision of the Court of Appeals. The Petition for Review must be filed with the Clerk of the Arizona Supreme Court within thirty (30) days after the Court of Appeals files its decision. If a Petition for Review is filed on time, the opposing side will have thirty (30) days from the date the Petition for Review is served by hand delivery or electronic service or thirty-five (35) days after service by mail, to file any objections in a paper called a Response to Petition for Review. The Response to the Petition for Review is filed with the Clerk of the Arizona Supreme Court.

This is a document entitled “Petition for Special Action-Industrial Commission” (the “petition”) that must be filed in Division One of the Court of Appeals in Phoenix, Arizona within thirty (30) days after the ICA mails the Decision upon Review. The caption of the petition must name each person to the award, including the ICA, and appropriately designate the interest of each side in the matter. The body of the petition must identify the award sought to be reviewed by the Court of Appeals, including the date it was issued by the ALJ. The body of the petition should also request that the Court of Appeals issue a “Writ of Review” directing the ICA to certify its claims file to the Court of Appeals within ten (10) business days after issuance of the Writ of Review.

In family law cases, the side initiating the case is called the Petitioner instead of the Plaintiff.

These pleas are admissions to the charges by the defendant. A defendant may not appeal any of these pleas.

These are persons who represent themselves in a court of law without the assistance of an attorney.

The record on appeal consists of (1) all papers filed in a case with the Clerk of the Superior Court, (2) all exhibits admitted by the Superior Court judge, and (3) all transcripts of any and all proceedings for that case. The persons in an appeal must take steps to ensure that all necessary transcripts of proceedings that took place in the Superior Court are included in the Record on Appeal.

 An order by which the Superior Court returns the case to the lower (trial) court for further action.

This is an optional paper that the Appellant or Cross-Appellant may file in response to the Answering Brief or Answering Brief on Cross-Appeal. The Reply Brief should respond to the arguments in the Answering Brief or the Answering Brief on Cross-Appeal and should not re-urge the same arguments that were made in the Opening Brief or the Opening Brief on Cross-Appeal. The Reply Brief should refer to the trial transcripts or exhibits to show that the facts supporting the argument can be found in the record.

This is a paper that the Appellant may file in response to the Memorandum of the Appellee only if the court gives permission. The Reply Memorandum should respond to the arguments in the Memorandum of the Appellee and should not re-urge the same arguments that were made in the Opening Memorandum of the Appellant.

This is a document filed by the Petitioner after the ALJ issues the award. It is filed with the ICA and asks the ALJ to review the evidence previously presented and to reverse, rescind, modify, or supplement the award, and make any disposition of the case that is appropriate. An appeal begins when a timely Request for Review is filed with the same ALJ that handled the hearing after that ALJ issues an Award.

In family law cases, the opposing side is called the Respondent instead of the Defendant.

A Petition for Review is a paper that a person files with the Clerk of the Arizona Supreme Court if that person wants the Arizona Supreme Court to review a decision of the Court of Appeals. The Petition for Review must be filed with the Clerk of the Arizona Supreme Court within thirty (30) days after the Court of Appeals files its decision. If a Petition for Review is filed on time, the opposing side will have thirty (30) days from the date the Petition for Review is served by hand delivery or electronic service or thirty-five (35) days after service by mail, to file any objections in a paper called a Response to Petition for Review. The Response to the Petition for Review is filed with the Clerk of the Arizona Supreme Court.

A ruling in which the Superior Court finds the trial court committed an error that was so important it likely affected at least part of the outcome of the case.

A rule found in the Arizona Rules of Criminal Procedure. If a defendant enters a plea of guilty or no contest in a criminal case, the defendant may not appeal. The defendant may only pursue review of the lower court proceeding through Rule 32. The lower court clerk may have a form to use if you wish to file a Rule 32 petition.